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Parental Responsibilities in Scotland – Explained
Section 1 of the Children’s (Scotland) Act 1995 sets out the core parental responsibilities that every parent has towards their child. At XK Family Law Solicitors in Aberdeen, we help parents understand their rights and responsibilities. Below, we’ve broken down the law in simple English, with examples to explain how it works in real life.…
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Key Sections of the Family Law (Scotland) Act 1985 – Explained
Introduction:The Family Law (Scotland) Act 1985 is the cornerstone of Scottish divorce law, especially when it comes to financial matters. As family law solicitors, we often guide clients through this Act’s key provisions. Essentially, the 1985 Act lays out how spouses should support each other and how assets and money are divided fairly if they…
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Presumption of Equal Shares in Household Goods (Scotland)
Section 25 of the Family Law (Scotland) Act 1985 sets out the rules about who owns household goods when questions of ownership arise during or after a marriage or civil partnership. The law creates a presumption of equal ownership unless there is clear proof to the contrary. The General Rule – Equal Shares If there…
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Aliment of Small Amounts
Section 23 of the Family Law (Scotland) Act 1985 explains how people can raise court actions for aliment (financial support) when the amounts involved are relatively small. It makes these claims easier and cheaper to pursue in the sheriff court through a simplified procedure known as a summary cause. What is Aliment? When Can Aliment…
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Is Income Matrimonial Property in Scotland?
When couples separate or divorce in Scotland, one of the most important questions is: what counts as matrimonial property? At XK Family Law Solicitors, we are often asked whether income earned by either spouse during the marriage is automatically included. The answer is not exactly. Let’s take a look. What the Law Says The definition…
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Oaths vs Statutory Declarations in Scotland – What’s the Difference?
When dealing with legal documents in Scotland, you may hear the terms “administering an oath” and “notarising a statutory declaration.” Although they sound similar, they are different processes with different purposes. Here’s a clear guide to help you understand what each means, and when you might need them. What Does It Mean to Administer an…
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Orders Relating to Avoidance Transactions in Scotland
When couples separate or divorce in Scotland, the court has powers to ensure that neither party unfairly reduces their assets to avoid paying aliment (financial support) or to avoid financially providing for their ex. Section 18 of the Family Law (Scotland) Act 1985 deals with this, and it gives important protection to both spouses and…
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Agreements on Financial Provision in Divorce or Civil Partnership Dissolution
Section 16 of the Family Law (Scotland) Act 1985 explains how the Scottish courts can set aside or vary agreements between separating couples about financial matters – even after divorce or dissolution of a civil partnership – in certain circumstances. This law exists to protect fairness and prevent unjust agreements from locking people into unreasonable…
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Incidental Orders under the Family Law (Scotland) Act 1985
Incidental Orders are additional legal orders a court can make before, during, or after a divorce or the dissolution of a civil partnership to help resolve practical, financial, or property issues between separating couples. When Can an Incidental Order Be Made? Types of Incidental Orders There are a wide range of incidental orders the court…
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Orders for Periodical Allowance – Explained
Periodical allowances are regular payments (often monthly) made by one party to another following a divorce or dissolution of a civil partnership. Section 13 of the Family Law (Scotland) Act 1985 sets out when and how the court can make these orders. When Can a Periodical Allowance Be Ordered? A Scottish court can make a…
